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TITLE CLOSED SESSION TO INSTRUCT ITS NEGOTIATOR REGARDING THE PURCHASE, R LEASE OF LANIKAI LANE
RECOMMENDED ACTION:
That the City Council, by motion, authorize a closed sessi
to give instructions to its negotiator prior to the purchas sale, exchange, or lease of real property. The real proper
is that known as the Lanikai Lane Mobile Home Park located
6550 Ponto Drive, Carlsbad, owned by Theodore Vallas, Jr. a
subject to a lease with South Shores Development Corporatio
I move that the City Council hold. a closed sessi
pursuant to Government Code section 54956.8.
2 P 5 2 0 z 3 0 0
.
January 15, 1993
Mr. Robert S. Coldren
Hart, King & Coldren
P. 0. Box 2507
Santa Ana, CA 92707-0507
RE: PUBLIC RECORDS REQUEST - LANIKAI LANE MOBILE HOME PARK
In response to your letter dated January 7, 1993, enclosed is a copy of the Minutes of the
City Council meeting held August 11, 1992. During the Public Comment portion of that
meeting, there was reference to Lanikai Lane Mobile Home Park.,
As noted in my letter dated November 16, 1992, that is the only additional document the
City Clerk's Office has which pertains to Lanikai Lane Mobile Home Park.
If you have any questions regarding the above, please feel free to contact this office.
lllX2JL.Q- ALETHA L. RAUTENKRANZ, CMC
City Clerk
ALR
Enclosure (1)
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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MINUTES
*,
MEETING OF:
DATE OF MEETING: August 11,1992
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Nygaard, Stanton, Larson, Mayor Pro Tem Kulchin and Mayor
Lewis.
Absent: None.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Kulchin, the Minutes of the Regular Meeting held July 28, 1992,
were approved as presented.
AYES:
ABSTAIN: Nygaard
Lewis, Kulchin, Larson and Stanton
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items 1 through 4, as follows:
AYES: Lewis, Kulchin, Larson, Stanton and Nygaard .
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #I 1,835 - DISPOSITION OF SURPLUS CONSTRUCTION FUNDS FOR COLLEGE
BOULEVARD ASSESSMENT DISTRICT - AD 85-2 (PROJECT NO. 31 88).
Council adopted RESOLUTION NO. 92-251, determining the amount of surplus construction
funds for the College Boulevard Assessment District and authorizing application of surplus
funds for bond call and property owner assessments.
2. AB #11,836 - APPROVAL OF CONSULTANT AGREEMENT FOR STREET TREE INVENTORY,
SOFTWARE PROGRAM AND STREET TREE MAINTENANCE MASTER PIAN.
Council adopted RESOLUTION NO. 92-252, approving a consultant agreement with Urban
Forestry Consultants for the development of a Street Tree Inventory, Management Software
System and a Street Tree Maintenance Master Plan.
0 0 n.
August 11, 1992 Page 2
CONSENT CALENDAR: (Continued)
3. AB #I 1,837 - APPOINTMENT OF CITY AlTORNEY.
Council adopted RESOLUTION NO. 92-253, formally appointing Ronald R. Bail as City
Attorney, effective July 9, 1992.
4. AB #11,838 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PD 401 (CB 91 -0751).
Council accepted improvements, authorized the Ctty Clerk to record the Notice of Completion
and release bonds, and directed the Utilities and Maintenance Department to commence
maintaining the public street improvements constructed at Walnut Avenue and Garfield Street.
PUBLIC COMMENT:
Cheryl McCabe, 6550 Ponto Drive, #124, President of the Lanikai Lane Homeowners Association,
requested the City's assistance in helping the homeowners in acquiring their mobile home park. She
said the City is mandated to have low income housing, and this park is a ready-made low and very
low income park. She stated that this has been in the process for over six months, and the
homeowners are becoming desperate to have an answer. Ms. McCabe asked for a time table on the
completion of this acquisition.
Ed Houston, 6550 Ponto Drive, #140, stated Ms. McCabe had stated their problem, and he requested
assistance from Council to bring this acquisition to a final conclusion.
Marty Orenyak, Community Development Director, stated the appraisal was accepted by the City, and
staff was directed to work with the property owner--who is an unwilling seller and lease holder, He
said the matter has been proceeding in a timely manner, and reported on staff actions with regard to
the matter.
Mrs. Tanner reaffirmed the desire of the tenants to buy the park. She stated that the tenants cannot
come up with the money to buy the park at the appraisal price; however, there is low income housing
money available.
PUBLIC HEARING:
5. AB #I 1,812 - REQUEST FOR REVERSION TO ACREAGE - RA 91-1.
Mayor Lewis announced there was a request to continue this item for one week, as this was
an invalid petition. He opened the duly noticed Public Hearing at 6:26 p.m., and issued the
invitation to speak.
Greg Harrington, 1003 Vista Way, Oceanside, stated he represents a majority of the partners,
and he objected to more than two weeks' continuance, as this would place a burden on two
of the three partners, and would not bring a resolution among the partners. He asked Council to act on the request.
City Attorney Ron Ball stated that Council could not make the finding until all owners agree to
the petition for reversion.
ACTION: By consensus, Council continued the public hearing to August 18, 1992.
0 0 #I
August 11, 1992 Page 3
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 6:33 p.m., and re-convened at
6:s p.m., with all Members present.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:s p.m., and re-convened at 6:35 p.m., with all
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
I
6. AB #A 1,814 - UPDATE ON THE STATE BUDGET.
Jim Elliott, Financial Management Director, gave an update on the State’s budget activities.
7. AB #I 1,842 - MASTER PLAN REPORT FOR ALTA MlRA COMMUNITY PARK.
W. R. Beverly, 4605 La Portalada, inquired about the space around the center tennis court,
and whether it was the same in both proposals.
Jane Beaver, 6677 Paseo Del Norte, spoke in favor of Plan A-l.
Cindy Ward, 927 Begonia court, spoke in favor of Plan A-1.
Scott Pieratt, 7201 Manzanita Street, representing La Costa Youth Organization, spoke in favor
of Plan A-2.
Len Giuffre, 2930 Sombrosa, President of La Costa Youth Organization, spoke in favor of A-2.
James Courtney, 1861 South View Drive, spoke in favor of Plan A-2.
ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
92-255, accepting the Alta Mira Park Master Plan and approving alternative A-
2 park design.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
RECESS:
Mayor Lewis declared a Recess at 8:14 p.m., and Council re-convened at 8:25 p.m., with all Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
8. AB #11,840 - CHILD CARE COMMISSION RECOMMENDATIONS ON PROPOSED CHILD
CARE STANDARDS.
Lee Bohlmann, 5141 Avenida Encinas, representing the Carlsbad Chamber of Commerce,
spoke in favor of the implementation of the document.
e 0
August 11, 1992 Page 4
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO
92-254, declaring its intention to consider amending Title 21 of the Municipal
Code by adding an additional Chapter on Child Care Standards; and
directed the Planning Commission to hold hearings on the proposed
Standards; and
referred the plan for Child Care Needs and Voluntary Compliance in new
development to Planning Commission to consider in conjunction with the
proposed Child Care Standards; and
referred City Council Resolution identifying Child Care Needs Areas to
Planning Commission to consider in conjunction with the proposed Child Care
Standards; and
considered the Child Care Commission’s recommendation to create a
Carlsbad Child Care Foundation (a non-profit corporation) to improve the
quantity, quality and accessibility of child care in the Crty of Carlsbad, and
directed staff to further explore other available options.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
AB #11,841 - NORTH BEACH AREA REST ROOM CONSTRUCTION.
Jane Stimmel, representing Harbor Fish Restaurant, 31 79 Carlsbad Boulevard, spoke in favor
of Option B, a pad with block building for $97,000.
James Courtney, 18661 South View, spoke in favor of Option B.
Council Member Nygaard expressed concern with approving this item before the State Budget
is adopted and resulting impacts to the City’s budget are known.
Council Member Stanton concurred and recommended two weeks’ continuance.
ACTION:
9.
On motion by Council Member Nygaard, Council authorized staff to proceed
with the design of the rest room, Option B, with consideration given to
including additional stalls for the women.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
10. AB #11-757 - OPEN SPACE ADVISORY COMMITTEE.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-1 91,
appointing Carmen Cedoia and Patricia White as representatives from the
Open Space Advisory Committee and John Strayer as a representative from
the Parks and Recreation Commission.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
e 0 1.
August 11, 1992 Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
11. AB #11,629 - PARKING AUTHORITY APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-1 10,
appointing Ronald Aubel to the Parking Authority.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
AB #11,843 - HISTORIC PRESERVATION COMMISSION APPOINTMENT.
ACTION:
12.
On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-256,
appointing Samuel Chereskin to the Historic Presenration Commission.
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
AB #11,844 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS.
ACTION:
13.
On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-1 57,
appointing James McCann and RESOLUTION NO. 92-258, appointing Joan
Moss, to the Library Board of Trustees.
AYES: - Lewis, Kulchin, Larson, Stanton and Nygaard
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and Subcommittees of
which they are members.
ADJOURNMENT:
By proper motion, the Regular Meeting of August 11 , 1992, was adjourned at 9:18 p.m.
Respectfully submitted,
/ -’ 7 (W& ?A. ;(LtL?2cJL
ALETHA L. RAUTENKRANZ
Clty Clerk
Harriett Babbitt
Minutes Clerk
0 e
MINUTES
..
MEETING OF:
DATE OF MEETING: August 18,1992
TIME OF MEETING: 5:45 p.m.
PLACE OF MEETING:
CITY COUNCIL (Special Meeting)
Crty Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order.at 5:46 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: Council Member Nygaard.
Council Members Stanton, Larson, Mayor Pro Tem Kulchin and Mayor Lewis.
CLOSED SESSION:
Council adjourned to a Closed Session at 546 p.m., to discuss the following:
1. CLOSED SESSION - ACQUISITION OF REAL PROPERTY.
Acquisition of real property owned by SDG&E located north of Cannon Road, east of
the railroad right-of-way and west of 1-5 (a portion of APN 210-010-32), pursuant to
Government Code Section 54956.8.
Council re-convened at 6:05 p.m., with four Members present and Council Member
Nygaard absent, and Mayor Lewis announced that Council Had heard from staff and
the Attorney and had instructed the Attorney concerning the matter.
Respectfully submitted,
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ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
0 1. ' HART, KING & COLDREN
A PROFESSIONAL LAW CORPORATION
200 E. SANDPOINTE, FOURTH FLOOR
DIIlECT ALL MAIL TO:
P. 0. BOX 2507
SANTA ANA, CALIFORNIA 92707-0507
TEL: (714) 432-8700 FAX: (714) 546-7457
ROBERT S. COLDREN
GARY R. KING
WILLIAM R. HART
GREGORY 8. BEAM
CANDICE L. CAMPBELL
JOHN H. PENTECOS"
C. WILLIAM DAHLIN
LORI A. DONAHUE
JANICE L. MERRIU
RACHELLE E. MENAKER OF COUNSE
MARK V. ASDOURIAN
MICHAEL J. SCHROEDER, P. BARBARA I. DIBBLE
GLENN MONDO DAVID A. BRON
RICHARD E. STREi SAMUEL G. BROYLES, JR.
* (Also nxder Hawaii Ek
ELEABFTH H. BEAL
THOMAS J. POL
JAMES M. GILBEA
PETER K. RUNDL / LAWRENCE R. BUJOL
ERIN P. MORIAR'I
CHARLES H. SMII
January 7, 1993
Aletha L. Rautenkranz City of Carlsbad
City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Cynthia Haas City of Carlsbad Community Development
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Lanikai Lane Mobile Home Park (the l1Parkv1) Public Record Request
Dear Ms. Rautenkranz and Ms. Haas:
As you know, this firm represents South Shores Developmen Corporation dba Lanikai Lane Mobilehome Park. This is in respons
to Ms. Hass' letter of November 16, 1992, which was in response t a Public Records Request from this office dated November 5, 1992 This letter is also in reference to Ms. Rautenkranz' letter o November 16, 1992.
Ms. Haas' letter states that our November 5, 1992, documen request "appears to be a duplicate of the one we received earlie this year, from James Trush, dated June 23, 1992." Ms. Hass
reference to a June 23, 1992, document request is erroneous. checked our file and found no such request and had your office fa me a copy of the purported request. The document which was faxe was a letter from Jim Trush dated June 23, 1992, but which is no a public records request. Mr. Trush's June 23, 1992, letter however, references a May 27, 1992, public records request, whic perhaps Ms. Haas intended to reference. However, the May 27, 1992
0 e .. Y'
Aletha Rautenkranz Cynthia Haas January 7, 1993 Page 2
public records request is distinct from the most recent Novembe:
5, 1992, public records request, which seeks:
1. Writings relating to any conversation, meeting or othe:
communication between any representatives of the City o
Carlsbad (including employees and independent contractors
regarding the City's appraisal. No prior request sough
documents of this nature.
2. Writings which evidence the features of Lanikai Lan which were inspected to perform the appraisal of the Park No prior request sought documents of this nature.
3. Writings which were used by the City of Carlsba (including employees and independent contractors) to prepar
the appraisal of the Park. No prior request sought document of this nature.
4. Writings which relate to the retention by the City o Carlsbad of an appraisal service to conduct the appraisal o the Park. No prior request sought documents of this nature
5. Writings which relate to the conversion of any mobilehom park within the City of Carlsbad. No prior request sough documents of this nature.
6. Writings which relate to drafts of any documents produce by the City of Carlsbad (including employees and independen
contractors) regarding the appraisal of the Park. No prio request sought documents of this nature.
7. Backup documents which were reviewed by the City o
Carlsbad (including employees and independent contractors) t
perform the appraisal sf +b- LL.= calk. n-- No prior request scugh documents of this nature.
Lastly, with reference to Ms. Rautenkranz's letter, we do no
wish to receive any documents which have previously been provide to us in response to our earlier requests. However, please forwar
any new documents which have not been previously provided and whic are responsive to our November 5, 1992, request.
0 a '. c-
Aletha Rautenkranz
Cynthia Haas
January 7, 1993
Page 3
If you have any questions or comments, please do not hesitatl
to contact the undersigned.
Very truly yours,
HART, KING & COLD
Robert
RSC: GM: bw
30217.004
0046675.WP
November 16, 1992
Mr. Robert S. Coldren
Hart, King & Coldren
P. 0. Box 2507 Santa Ana, CA 92707-0507
RE: PUBLIC RECORDS ACT REQUEST - LANIKAI LANE MOBILE HOME PARK
In your letter dated November 5, 1992, your office has once again
requested access to and/or copies of all writings which refer or
relate to any action taken by the city relative to assisting the
residents of Lanikai Lane in the acquisition of the mobile home
park.
In my letter dated June 5, 1992, to Mr. Trush in your office, I included copies of all of the documents in the City Clerk's Office pertaining to that subject. To date, there has been only one additional reference to the matter at a City Council meeting. At
the meeting of August 11, 1992, citizens referenced the matter during the Public Comment portion of the meeting.
Since you specified no time period in your letter, to provide copies of everything on file in the City Clerk's Office would cost approximately $23. If you merely want new items since June 5,
2992, that would cost $1.04.
Please note that my response is restricted to the files in the City
Clerk's Office.
If you want copies, we will mail them when we receive payment. If
you would like to inspect our documents, you may do so in the City
Clerk's Office during normal work hours.
If you have any questions concerning the above information, please
do not hesitate to contact this office.
ALETHA h&@v L. UTENKRANZ, CMC
City Clerk
ALR: ijp
c: City Attorney
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
@ HART, KING & COLDREN 0 &Ln~ i
A PROFESSIONAL LAW CORPORATION
200 E. SANDPOINTE, FOURTH FLOOR
DIREXT ALL MAIL TO:
P. 0. BOX 2507
SANTA ANA, CALIFORNIA 92707-0507
TEL (714) 432-8700 FAX: (714) 546-7457
"iuw 0. 2. - SAMUIl. G. BROYLES, J ROBERT S. COLDREN
GARY R. KING ELEABETH H. BEAl
WILLlAM R. HART THOMAS J. POI
GRFSORY B. BEAM JAMES C. HARKINS,
CANDICE L. CAMPBELL JAMES M. GJLBEl
PECER K. RUNDl JOHN n. PENTECOST
LAWRENCE R. BUJOl C. WlLLlAM DAHLIN LORI A. DONAHUE PAT V. O'CONNW
JANICE L. MERRLL
RACHELLE E. MENAKER OF COUNSE MARK V. ASDOURIAN MICHAEL I. SCHROEDER, P.
BARBARA 1. DIBBLE DAVID A. BROH
GLENN MONDO RlCHARD E. SlTEZ
* (Also dr Hawaii Ba
November 5, 1992
Mr. Martin Orenyak Community Development Director City of Carlsbad
2075 Las Palmas Avenue Carlsbad, CA 92009-1576
Ms. Aletha Rauten Xranz City Clerk
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: California Public Records Act Copy Request Re Lanikai Lane Mobilehome Park
Dear Mr. Orenyak and Ms. Kranz:
As you know, this firm represents South Shores Development Corscratisn, dba Lazikai Lane Mobilehoille Park, which is located at
6550 Ponto Drive, Carlsbad, California (@'South Shores"). On behalf of South Shores, pursuant to the provisions of the Californie Public Records Act, Government Code S 6250, et. seq. ,. demand is hereby made for legible photocopies and/or inspection of thE following documents:
All writings (including drafts thereof) within the meaning of Government Code S 6252 which refer or relate to any action taken by the City of Carlsbad, its agents, representatives, or appraisers, relative to assisting the residents of Lanikai Lane in the acquisition of the mobilehome park, including, but not limited to, the following:
6 e e
Mr. Martin Orenyak
Ms. Aletha Rauten Kranz
November 5, 1992 Page 2
1. All writings which refer or relate to any conversation, meeting, or other communication between any representative of tht City of Carlsbad (including employees and/or independenl
contractors) regarding the appraisal of Lanikai Lane Mobilehome Park which was performed by or on behalf of the City of Carlsbad,
2. All writings, including, but not limited to, reports, findings, studies or evaluations which evidence the features of Lanikai Lane Mobilehome Park which were inspected by the City ox Carlsbad (including employees and/or independent contractors) tc conduct the appraisal of LaniXai Lane Mobilehome Park.
3. All writings including, but not limited to, reports, findings, studies, evaluations, and appraisals which were utilized by the City of Carlsbad (including employees and/or independent contractors) for the purpose of preparing to conduct the appraisal of Lanikai Lane Mobilehome Park.
4. All writings which refer or relate to the retention by the City of Carlsbad of an appraisal service to conduct the appraisal of Lanikai Lane Mobilehome Park.
5. All writings, including, but not limited to, reports, findings, studies, evaluations, appraisals, and correspondence
which refer or relate to the conversion of any mobilehome park within the City of Carlsbad.
6. All drafts of any documents which were produced by the City of Carlsbad (including employees and/or independent contractors) for the purpose of preparing the appraisal of Lanikai Lane Mobilehome Park.
7. All backup documents which were reviewed by the City of
Carlsbad jific1udinc.j emplsyees and/or independent contractors) to perform the appraisal of Lanikai Lane Mobilehome Park.
Pursuant to Government Code S 6256, this request must be responded to within ten (10) days of the receipt of this letter. Based on the length of the Public Records Request herein, an estimate of copying is requested so that a determination may be made as to whether the document should be copied by the City, or whether it would be more convenient for the City and more cost effective to the City and our client to merely sequester the documents requested in one location and make them available for inspection by this firm.
L e e
Mr. Martin Orenyak
Ms. Aletha Rauten Kranz
November 5, 1992
Page 3
Thank you for your immediate attention to this matter.
Very truly yours,
RSC : JMG : wp
30217.004
0040703.WP
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CITY OF CARLSBAD @ 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(61 9) 434-2891
RONALD R BALL FAX NO. (619) 434-8367
ACTING CITY AlTORNEY
KAREN J HIRATA
DEPUTY CITY ATORNEY June 15, 1992
James M. Thrush, Esq. Hart, King f Coldren P. 0. Box 2507 Santa Ana, California 92707-0507
RE: CALIFORNIA PUBLIC RECORDS ACT COPY REQUEST REGARDING LANIKAI
Dear Mr. Thrush:
Notwithstanding your letter to me of June 10, 1992 regarding this matter, the City intends to comply with your client's public records request to the extent such records are public records and not subject to a specific exemption or privilege.
They will be available for inspection at the Community Development Department, 2075 Las Palmas, Carlsbad, California on June 18, 1992 upon payment of fees as required by Government Code Section 6257.
LANE MOBILE HOME PARK
ruly yours,
v.d f> k
RONALD R. BALL Acting City Attorney
rmh
c: City Clerk J
Community Development Director
Planning Director Glenn Wasserman
e . HART, KING & COLDREN e
A PROFESSIONAL LAW CORPORATION
200 E. SANDPOINTE, FOURTH FLOOR
DJRECT ALL MAIL TO:
P. 0. BOX 2507
t
SANTA ANA, CALIFORNIA 92707-0507 R EC E I vE D
TEL: (714) 432-8700 FAX: (714) 546-7457
ROBERTS COLLREN BARBARA 1. DIBBLE
STEVEN K. LINKON
GLENN MONDO
SAM G. BROYLES, JR.
GARY R. KING
WILLJAM R. HART
UIZABmH H. BEALE c'gi$R$z;D JAMES THOMAS C. HARKINS, I. POUS IV
JAMES M. GILBERT
GREGORY B. BEAM
CANMCE L. CAMPBELL
JOHN H. PEKTECOST
C.WILUAMDAIUIN
LORI A. DON-
THOMAS R. MARVIN
JANICE L. MERRILL
JAMES M. TRUSH
RACHULE E. MENAKEX
MARK V. ASWURIAN
JUN 11 1992
OF COUNSEL
MICHAEL I. SCHROEDER, PC.'
DAW A. BROWN
RICHARD E. STREW\
* (Ah &r Hawaii Bar)
P
June 10, 1992
Ronald Ball Acting City Attorney City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989
Re: Lanikai Lane Mobile Home Park/Public Records Act Cow Request
Dear Mr. Ball:
This letter is in response to your letter dated June 2, 1992 and also with respect to the letter received by the undersigned from Aletha Rautenkranz, City Clerk, dated June 5, 1992.
With respect to the City of Carlsbad's response to the Public Records Act Copy Request dated May 27, 1992 on behalf of South Shores Development Corp. dba Lanikai Lane Mobile Home Park (hereinafter "South Shores") , we expect a complete and timely response by the City of Carlsbad and any and all of its departments, agencies, committees and representatives.
The response received from City Clerk Aletha Rautenkranz appears to only provide documents responsive to Request Number 2.
Please confirm as to whether the City Clerk's response was only
with respect to Request Number 2.
With respect to Requests Numbers 1, 7, 8, 9, 10, 11, 12, 13,
14, and 15, the claimed exemption under Government Code S6254(h) only applies to real estate appraisals and does not exempt the City of Carlsbad from its obligations pursuant to Government Code S6255, as follows:
"The agency shall justify withholding any record by demonstrating that the record in
question is exempt under express provisions of
this chapter or that on the facts of the
0 e
Ronald Ball
June 10, 1992 Page 2
4
particular case the public interest served by
not making the record public clearly outweighs the public interest served by disclosure of the record. tI
As you know, the burden of demonstrating the need for non- disclosure of a public record is upon the agency claiming the right to withhold the information. Braun v. City of Taft (Polston) (1984)
154 Cal.App. 3d 332, 201 Cal.Rptr. 654; New York Times Co. v. SuDerior Court (Goletta Water District) (1990) 218 Cal.App. 36
1579, 268 Cal.Rptr. 21.
Government Code §6254(h) only exempts real estate appraisals.
Southshores is informed and believes that other writings exist which are responsive to Requests Numbers 1, 7, 8, 9, 10, 11, 12,
13, 14, and 15, other than real estate appraisals including, but not limited to, correspondence with the appraiser, correspondence with tenants of Lanikai Lane or their representatives, City staff
reports. Everything other than the appraisal itself must be produced.
As to the Itreal estate appraisals" which the City of Carlsbac refuses to produce, the exact documents which the City claims are exempt must be identified by the City in order to comply with its
obligation to justify such withholding.
We request that a complete and timely response be made on or before June 18, 1992 with respect to each and every Public Records
Act Copy Request set forth in my earlier letter dated May 27, 1992, including but not limited to producing documents which are responsive to Requests Numbers 1, 7, 8, 9, 10, 11, 12, 13, 14, and
15, which are not real estate appraisals and specificall1 identifying each and every document which is withheld, as requirec by Government Code S6255.
As to your statement that you Itstrongly suggesttw that we makc an appointment with Martin Orenyak, Community Development Director, in order to get a Ifmeaningful response", we request that yo^
provide justification as to why a Ifmeaningful responset1 is unable to be provided in writing, as required by Government Code S6250,
et seq.
As the City Clerk, Aletha Rautenkranz, and the Communiti Development Director, Martin Orenyak, and the City's Special Counsel, Glen Wasserman, can confirm, this off ice served an earlier
Public Records Act Copy Request on the City of Carlsbad dated Marc1 20, 1991. Request Number 1 in the Public Records Act Copy Request dated March 20, 1991 requested all writings which refer or relate
to any conversation or communication regarding t*acquisition of Lanikai Lane by the residents." Mr. Orenyak responded by letter dated March 22, 1991 advising that all documents responsive to the
Public Records Act Request were exempt from disclosure pursuant tc
I * *
Ronald Ball June 10, 1992 Page 3
Government Code S.6254 (k) . The City's Special Counsel, Glen Wasserman, further asserted the City's claimed exemption pursuant
to Government Code S9254(k) and.Evidence Code S954 advising that,
other than exempt records, the City had no documents responsive to
the Request.
Included in the documents provided by City Clerk Rautenkranz,
under cover letter dated June 5, 1992, is a letter dated November
20, 1990 from David J. Sommers of Mobilehome Park Conversion
Consultants, Inc. addressed to Marty Orenyak and a letter dated
September 25, 1990 from David J. Sommers addressed to Ted Vallas,
owner of the fee upon which Lanikai Lane Mobile Home Park is
located. Both of those letters expressly state that they are with
respect to acquisition of Lanikai Lane by the residents. Those letters were in the possession of the City at the time the City was
served with our Public Records Act Copy Request dated March 20,
1991.
It is apparent that the City has intentionally failed and
refused to provide documents responsive to previous Public Records
Act Copy Requests of South Shores. Such intentional failure and refusal has and will continue to damage South Shores and
constitutes bad faith conduct which is clearly arbitrary and unreasonable and which has no relation to the public health, safety
or welfare.
PLEASE BE ADVISED that South Shores reserves any and all of
its rights with respect to the intentional, arbitrary and unreasonable conduct of the City of Carlsbad in failing and
refusing to provide documents responsive to its Public Records Copy Request dated March 20, 1991.
A person entitled to access to public records from its local
government pursuant to Government Code S6250, et seq., is not required to make an appointment with a City staff member in order
to obtain a IImeaningful responseg1. I strongly suggest that you review the requirements of the Public Records Act and instruct City staff to scrupulously comply with its terms.
Should you have any questions or require further
clarification, please do not hesitate to contact the undersigned.
t
The City failed and refused to produce such documents.
Very truly yours,
JMT/av cc: Jed Robinson 723
0031199.WP
c
.II
i
rE June 5, 1992
James M. Trush Hart, King & Coldren P. 0. Box 2507
Santa Ana, CA 92707-0507
Re: California Public Records Act Copy Request Regarding Lanikai
Lane Mobile Home Park
Dear Mr. Trush:
This letter is in response to your request for copies and/or the ability to inspect many documents which were generally defined and
enumerated as items 1 through 15 in your letters dated May 27,
1992.
This response is strictly limited to the files and documents which
are on file in the City Clerk’s Office. With respect to any other
documentation, please refer to the letter from our Acting City
Attorney, Ronald R. Ball, dated June 2, 1992.
Regarding documents on file in the City Clerk’s Office, the following copies of documents are enclosed which relate to request
#2 in your letter:
1. Minutes from the October 22, 1991 regular City
2. Agenda for the November 5, 1991 Regular City
3. Agenda Bill #11,426 from the November 5, 1991 city Council meeting titled, “Request for Authorization
Retain to appraise property at 6550 Ponto Drive,
Carlsbad. If
4. Minutes from the November 5, 1991 Regular City
Council meeting (see page #4).
Council meeting.
Council meeting (see item #14 on page 4).
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
.
* e 0
Mr. James M. Trush -2- June 5, 1992
5. Minutes from the January 28, 1992 Regular City
6. Agenda for the May 5, 1992, Special City Council
meeting.
7. Agenda Bill from the May 5, 1992, City Council meeting titled, IIClosed Session to Instruct Its Negotiator Regarding The Purchase, Sale, Exchange,
or Lease of Lanikai Lanes Mobile Home Park."
8. Minutes from the May 5, 1992, Special City Council
In response to your request #4, it is interpreted as being in
relation to Lanikdi Lane. If, however, you mean it as generally as
you have stated, then you are invited to visit our office and view the files at your'convenience.
The cost of the enclosed documents is $5.19. Please forward your check to the City Clerk's Office made payable to the City of
Carlsbad.
If you have any questions regarding the above, please do not
hesitate to contact this office.
Very truly yours,
Council meeting (see Public Comment on page 3).
meeting.
\i
@a* ALETHA L. RAUTENKRANZ, CMC
City Clerk
ALR: ijp
c: Ronald R. Ball
Acting City Attorney
Enclosures
I
e 0 F
CITY OF CARLSBAD
+$ @d
RONALD R BALL FAX NO. (619) 434-8367 G e'
1200 CARLSBAD VILLAGE DRIVE
CAR LS BAD, CALIFORNIA 92008-1 989 (619) 434-2891
ACTING CITY AlTORNEY
KAREN J. HIRATA June 2, 1992
DEPUTY CITY ATTORNEY
James M. Thrush, Esq. Hart, King & Coldren
P. 0. Box 2507 Santa Ana, California 92707-0507
RE: CALIFORNIA PUBLIC RECORDS ACT COPY REQUEST REGARDING LANIKAI LANE MOBILE HOME PARK
Dear Mr. Thrush:
I received a copy of your May 27, 1992 public records request which was served on the City Clerk's office on May 28, 1992. I agree that your request is a long one and the City will need an extension of time based on the need to search for and collect the requested records from field facilities that are separate from the office processing the request pursuant to Government Code Section 6256.1 which would make our response due on June 18, 1992. As you know,
the contents of real estate appraisals or engineering or feasibility estimates and evaluations relative to property acquisitions are not public records until all of the property has been acquired pursuant to Government Code Section 6254(h). This
would include requests 1, 7, 8, 9, 10, 11, 12, 13, 14 and 15 to the extent they involve any of the exempt information.
I strongly suggest that in order to get a meaningful response to your request, you make an appointment with Marty Orenyak, or his
designee, at (619) 438-1161, extension 4200 in order to examine and specify exactly which documents are to be included.
Should you have any questions regarding the above, please do not
hesitate to contact me.
ruly yours,
vLRk
RONALD R. BALL Acting City Attorney
rmh
c: Community D elopment Director City Clerk SG
Planning Director
/LuGsG- ,- Y"
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3-
HART, KING & COLDREN
A PROFESSIONAL LAW CORPORATION
200 E. SANDPOINTE, FOURTH FLOOR
DIRECT ALL MAIL TO:
P. 0. BOX 2507
SANT'A ANA, C-OWIA 92707-0507
TEL (714) 432-8700 FAX: (714) 546-7457
ROBERT S. COLDREN BARBARA I. DIBBLE GARY R KING SEVEN K. WON WILLIAM R. HART GLENN MONDO
SAM G. BROYLES. JR. GREGORY B. BEAM
CANDICE L. CAMPBELL ELEABFfH H. BEALE JOHN H. PENTECOST THOMAS 1. POUS
LORI A. DONAHUE
THOMAS R. MARVIN
C.WIUIAMDAHLIN JAMES c. HARKms, Iv
JANICE L. MERRILL OF COUNSEL
JAMES M. TRUSH
RACHELLE E. MENAKER MICHAEL J. XHROEDER, P.C
DAVID A. BROW MARKV. ASDOURIAN RICHARDE. STREIS
* (Alsomcmbcr Hswaii Bnr
May 27, 1992
Mr. Martin Orenyak
Community Development Director
City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009-1576
Ms. Aletha Rauten Kranz
City Clerk
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: California Public Records Act CODY Request Re Lanikai Lane Mobilehome Park
Dear Mr. Orenyak and Ms. Kranz:
As you know, this firm represents South Shores Developmen Corp., dba Lanikai Lane Mobilehome Park, which is located at 6551 Ponto Drive, Carlsbad, California (llSouth Shores1'). On behalf o
South Shores, pursuant to the provisions of the California Publit
Records Act, Government Code Section 6250, et seq., demand i
hereby made for legible photocopies and/or inspection of th following documents:
All writings (including drafts thereof) within the meaning o Government Code Section 6252, which refer or relate to any actio taken by the City of Carlsbad, its agent, representatives, o appraisers, relative to assisting the residents of Lanikai Lane i the acquisition of the mobilehome park, including, but not limite to, the following:
0 0 Mr. Martin Orenyak Ms. Aletha Rauten Kranz
May 27, 1992 Page 2
1. All writings which refer or relate to the appraisal
obtained by the City of Carlsbad, which estimates the value of Lanikai Lane at $7.2 million.
2. All writings, including resolutions, City Council
J agendas, minutes of City Council meetings, correspondence,
memoranda, and staff reports, which refer or relate to action by city staff to "work with the residents to explore the feasibility of their acquisition of the park with some city assistance".
3. All writings which refer to the information provided to the City by residents which indicate that a substantial number of
them would meet the guidelines for very low and low income.
4. All writings which refer or relate to the City's
5. All writings which refer or relate to the alternatives
commitment to maintain affordable housing.
being explored by the City to assist park residents.
Lanikai Lane by the residents.
7. All writings which refer or relate to institutinq
condemnation proceedings pursuant to the City of Carlsbad's power of eminent domain relative to Lanikai Lane.
8. All writings which refer or relate to institutinq
condemnation proceedings pursuant to the City of Carlsbac
(including employees, independent contractors and appraisers)
regarding the fair market value of Lanikai Lane.
9. All writings which refer or relate to any reports,
findings, studies, evaluations, and appraisals which refer or relate to any action taken by the City of Carlsbad (includinc employees, independent contractors, and appraisers) to determine the highest and best use of Lanikai Lane.
6. All writings which refer or relate to acquisition of
10. All writings, including, but not limited to, reports, findings, studies, evaluations, appraisals, and correspondence which refer or relate to any action undertaken by the City of Carlsbad (including employees and/or independent contractors) regarding the determination of a tlpublic useIt for the condemnatior of Lanikai Lane.
11. All writings, including, but not limited to, reports,
findings, studies, evaluations, appraisals, and correspondencc
which refer or relate to any action undertaken by the City ol Carlsbad (including employees and/or independent contractors)
.
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f Mr. Martin Orenyak Ms. Aletha Rauten Kranz May 27, 1992 Page 3
regarding the determination of a vvnecessityvv for the condemnatioc
of Lanikai Lane.
12. All writings, including, but not limited to, reports,
findings, studies, evaluations, appraisals, and correspondence which refer or relate to any action undertaken by the City of Carlsbad (including employees and/or independent contractors)
regarding acquisition of Lanikai Lane by the City of Carlsbad.
13. All writings, Including, but not limited to, reports, findings, studies, evaluations, appraisals, and correspondence regarding action by the City of Carlsbad (including employees and/or independent contractors) relative to assisting residents of Lanikai Lane in acquisition of the mobilehome park.
14. All writings, including, but not limited to, reports, findings, studies, evaluations, appraisals, resolutions, anc correspondence regarding action by the City of Carlsbad (Citi Council, employees and/or independent contractors) regarding the
effect on the City of Carlsbad General Plan and specifically the
housing element of the City of Carlsbad General Plan resulting fron
the acquisition of Lanikai Lane by its residents.
15. All writings, including, but not limited to, reports, findings, studies, evaluations, appraisals, resolutions, ani correspondence regarding action by the City of Carlsbad (Cit] Council, employees and/or independent contractors) regardin5 changes to or effect upon the zoning of the City of Carlsbac resulting from acquisition of Lanikai Lane by its residents.
Pursuant to Government Code Section 6256, this request must
be responded to within ten (10) days of the receipt of this letter. Based on the length of the Public Records Request herein, ar estimate of copying charges is requested so that a determinatior
may be made as to whether the documents should be copied by thc
City and the City reimbursed by this firm and our client, 01
whether it would be more convenient for the City and more cost
effective to the City and our client to merely sequester thc
documents requested in one location and make them available foi
inspection by this firm. Accordingly, please advise thc
undersigned of the estimated copying costs for which the City oj
Carlsbad would require reimbursement and the procedures regardin<
inspection of the documents requested so that we may arrange foi
copying by the City of Carlsbad or inspection and copying 01 selected documents by this firm.
*
c
I Mr. Martin Orenyak e e
Ms. Aletha Rauten Kranz May 27, 1992 Page 4
Thank you for your immediate attention to this matter.
Very truly yours
JMT: so
cc: Vincent Biondo, Jr., City Attorney
Glenn Wasserman, Esq.
0029966.WP